Pool owners have safety duties even after summer ends. In New Jersey, an unused pool can still create a serious risk, especially if children enter the property. Owners should take reasonable steps to keep the pool area secure throughout the off-season.
Winterizing an off-season pool
Winterizing a pool involves more than covering the water or lowering the water level. Owners should keep fences, gates and other safety features in good condition during the colder months.
Under New Jersey law, residential pools must have a barrier at least four feet high with self-closing and self-latching gates. These requirements help limit access to the pool and protect children from entering without adult supervision.
A pool cover can provide an added layer of protection, but owners should not rely on a cover alone. They should check the cover for damage and make repairs when needed.
Keeping children away from the pool
An unattended pool can still attract children. Property owners generally must take reasonable care when they know or should know about a condition that could cause harm. New Jersey courts have applied negligence principles to injuries involving residential swimming pools.
Owners should:
- Keep the pool behind a secure barrier.
- Make sure gates close and latch properly.
- Keep ladders, chairs and other objects away from the fence.
- Repair damaged fencing, gates and pool covers.
- Check the pool area after severe weather.
New Jersey courts also recognize that children may require special consideration when determining a property owner’s duty of care.
Inspecting the pool during winter
Cold weather can damage fencing, gates and pool covers. Snow, ice and fallen branches can also create hazards around the pool area. Regular inspections can help owners find problems and correct them before someone gets hurt.
Ignoring a known hazard may increase the risk of a negligence claim if someone suffers an injury. The fact that a pool is closed for the season does not remove the need for reasonable safety measures.
Keeping an off-season pool safe
Closing a pool for winter does not end an owner’s responsibility to maintain a reasonably safe property. Keeping barriers secure, checking for damage and limiting access can help reduce the risk of accidents during the months when the pool is not in use.